Terms & Conditions

1. Scope

1.1 These General Terms and Conditions ("Terms") apply to all contracts, quotations, estimates and services provided by Philip Ostendorf Production ("Producer") to business customers ("Client").

1.2 These Terms shall apply exclusively. Any conflicting or deviating terms of the Client shall not apply unless expressly accepted by the Producer in writing.

1.3 Any amendments or deviations from these Terms must be agreed in writing.

2. Contract Formation

2.1 Quotations and estimates issued by the Producer are non-binding unless expressly stated otherwise.

2.2 A contract is concluded upon written acceptance of a quotation, estimate, statement of work, purchase order, email confirmation or commencement of services by the Producer.

2.3 Electronic signatures and confirmations transmitted electronically shall be deemed valid and binding.

3. Services

3.1 The Producer shall provide the services specified in the respective quotation, estimate, production agreement or statement of work.

3.2 Services may include, but are not limited to, consulting, pre-production, production, post-production, project management, production supervision, coordination of suppliers and operational support.

3.3 Unless expressly agreed otherwise, the Producer does not guarantee any specific commercial success, marketing performance or business outcome.

3.4 Delivery dates and schedules are based on information available at the time of contracting and are subject to timely cooperation, approvals and provision of information by the Client.

4. Fees and Payment Terms

4.1 All fees, expenses and costs stated in quotations or estimates are exclusive of applicable taxes unless stated otherwise.

4.2 Unless otherwise agreed, invoices are payable within fourteen (14) calendar days from the invoice date without deduction.

4.3 The Producer may require advance payments or instalments as specified in the applicable quotation or estimate.

4.4 The Producer reserves the right to suspend services, withhold deliverables or postpone production activities in the event of overdue payments.

4.5 Statutory default interest and collection costs shall apply in the event of late payment.

5. Client Responsibilities

5.1 The Client shall provide all information, approvals, materials and decisions required for the proper execution of the project in a timely manner.

5.2 Delays resulting from missing approvals, incomplete information or late decisions by the Client may result in schedule adjustments and additional costs.

5.3 The Client is responsible for obtaining all rights, permissions and approvals relating to materials supplied by the Client.

6. Changes and Additional Services

6.1 Any change to the agreed scope of work requested by the Client may result in additional fees and schedule adjustments.

6.2 Additional services not included in the original scope shall be charged separately based on the Producer's current rates or actual costs incurred.

6.3 Production delays, interruptions or extensions caused by circumstances outside the Producer's control shall be charged accordingly.

7. Cancellation, Postponement and Weather

7.1 The Client may cancel a project at any time by written notice.

7.2 In the event of cancellation, the Client shall compensate the Producer for all services already performed and all costs incurred, committed or contracted up to the effective cancellation date.

7.3 Any cancellation fees, postponement fees or charges imposed by crew members, talent, locations, equipment suppliers, travel providers, accommodation providers or other third-party suppliers shall be borne by the Client.

7.4 If the Client cancels a project more than thirty (30) calendar days before the scheduled production start date, a cancellation fee equal to fifty percent (50%) of the agreed production fee shall apply.

7.5 If the Client cancels a project thirty (30) calendar days or less before the scheduled production start date, one hundred percent (100%) of the agreed production fee shall become payable.

7.6 Weather-related delays, interruptions, postponements or cancellations shall not affect the Client's obligation to pay for services performed, commitments entered into or costs incurred.

8. Third-Party Suppliers and Subcontractors

8.1 The Producer may engage freelancers, subcontractors, suppliers and other third parties as necessary for the execution of the project.

8.2 Third-party services are procured on behalf of the project and remain payable by the Client in accordance with these Terms.

8.3 The Producer shall not be liable for delays, failures or deficiencies caused by third-party suppliers beyond the Producer's reasonable control.

9. Intellectual Property and Usage Rights

9.1 All concepts, production materials, footage, photographs, files, documents and deliverables remain the property of the Producer until full payment of all outstanding invoices.

9.2 Any transfer of usage rights shall occur only upon full payment unless otherwise agreed in writing.

9.3 The scope, territory, duration and purpose of any granted usage rights shall be governed by the respective agreement between the parties.

10. Liability

10.1 The Producer shall be liable without limitation for damages resulting from intentional misconduct or gross negligence.

10.2 In cases of ordinary negligence, the Producer shall only be liable for breaches of essential contractual obligations and shall be limited to foreseeable damages typical for the contract.

10.3 The Producer shall not be liable for indirect damages, consequential damages, loss of profit, loss of business opportunities, loss of data or claims by third parties except where mandatory law requires otherwise.

10.4 The Producer's aggregate liability shall be limited to the total fee paid under the respective project, except in cases of intentional misconduct, gross negligence or mandatory statutory liability.

11. Confidentiality

11.1 Both parties shall treat all confidential information obtained during the project as strictly confidential.

11.2 This obligation shall survive completion or termination of the project.

12. Data Protection

12.1 The Producer shall process personal data in accordance with applicable data protection laws.

12.2 Personal data shall only be processed to the extent necessary for the performance of the contractual relationship.

13. Force Majeure

13.1 Neither party shall be liable for delays or failures caused by events beyond its reasonable control, including natural disasters, severe weather, epidemics, pandemics, war, civil unrest, governmental actions, labour disputes, transportation disruptions or failures of utilities or communication systems.

13.2 The affected party shall notify the other party without undue delay.

14. Final Provisions

14.1 If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain unaffected.

14.2 German law shall apply, excluding conflict of law provisions.

14.3 The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be the Producer's registered office, provided the Client is a merchant, legal entity under public law or special fund under public law.